SMT. SUTAPA CHAKRABORTY (ADHIKARY) Vs. SRI. ASHIS CHAKRABORTY

JUDGEMENT

(1.) The Appeal has been filed by the aggrieved wife whose petition for divorce has been dismissed.

(2.) In her plaint she contended that her marriage with the Respondent was solemnised under the Hindu rites and customs on 10/4/2002. According to her, after marriage when she went to her matrimonial home, the Respondent and his mother deliberately and intentionally started torturing her without any reason. She has pleaded that she had a child from the wedlock. She has also contended that the Respondent used to return home every night in an inebriated state and abuse and assault her. He made unreasonable demands from time to time and claimed various articles such as a coloured television set, utensils etc. The Appellant/Wife pleaded that she was compelled to leave the house of the Appellant/Husband and her case was referred to the Sub-Divisional Legal Service Committee, Kalyani. On the basis of the recommendation made by the Authority, parties began to reside together again in a rented house. However, according to the Appellant/Wife, the Respondent deserted her and her son on 15/8/2010, after which she was compelled to take shelter in her father's home. She filed Mat. Suit No. 1192 of 2010. That suit was dismissed on 30/11/2011 by the Additional District Judge, Fast Track, 2nd Court, Kalyani.

(3.) The Court came to the conclusion that the Appellant was not entitled to a decree of divorce as it did not believe the evidence led by her. In fact, the Court observed that the Appellant tried to mislead the Court by suppressing the fact that she resided with her husband in a rented house at Gayeshpur for two months after the alleged cause of action arose. The Court did not accept the fact that her husband has deserted her after 25/2/2010 or that he had treated her cruelly. The Court held that the Appellant had failed to prove that her husband had deserted her since 25/2/2010.